A/HRC/44/43
Indigenous Peoples.52 This issue was addressed in resolution 1/18 of the Inter-American
Commission on Human Rights and the Organization of American States.
E.
Gender dimensions of business and human rights abuses and
corruption
22.
Women and girls experience the adverse impacts of business activities differently
and disproportionately as compared to men and boys, and face additional barriers to
remedies.53 The Working Group has developed a gender framework and provided
recommendations regarding integrating gender perspectives when implementing the
Guiding Principles.54 Corruption in the business sector may increase women’s economic
marginalization, including by limiting their access to credit and finance. In the informal
sector, women may be more likely to be asked for bribes and illegally collected tax
payments.55 Corruption enables intersecting forms of discrimination, exclusion, unfairness,
prejudice and inequality. The Inter-American Commission on Human Rights has
highlighted the serious impact of corruption on individuals facing discrimination, including
women and children.56 As women experience corruption differently to men,57 a gender lens
should be applied to all anti-corruption efforts. The Working Group has observed that
States and businesses must be sensitive to how women experience adverse human rights
impacts differently.58
IV. The State duty to protect against abuse by business
enterprises
23.
Under pillar I of the Guiding Principles, States have a duty to protect individuals and
communities from potential and actual business-related human rights abuses across sectors.
As business enterprises can have a significant impact on almost all internationally
recognized human rights, this duty is profound. Strong preventive measures are needed to
prevent business-related human rights abuses alongside corruption, noting corruption’s
corollary effect on human rights. The Human Rights Council, in its resolution 41/9, stressed
that preventive measures were one of the most effective means of countering corruption and
of avoiding its negative impact on the enjoyment of human rights. It called for the
strengthening of prevention measures at all levels, and underlined that one key aspect of
preventive measures was to address the needs of those in vulnerable situations who might
be the first victims of corruption. The preventive approach is embedded in the Guiding
Principles.
A.
Policy coherence
24.
Given the interlinkages between corruption and business-related human rights
abuses, States should give effect to greater coherence in policy integration. In the business
and human rights and anti-corruption spaces, States encounter different norms and
standards, for example the United Nations Convention against Corruption, the Guiding
Principles, the OECD Guidelines for Multinational Enterprises and the OECD anti-bribery
convention, as well as regional instruments such as the African Union Convention on
52
53
54
55
56
57
58
8
A/71/291, paras. 67–74.
See A/72/162, A/HRC/41/43/Add.1 and A/HRC/38/48/Add.1.
See A/HRC/41/43.
See www.undp.org/content/dam/aplaws/publication/en/publications/womensempowerment/corruption-accountability-and-gender-understanding-the-connection/Corruptionaccountability-and-gender.pdf.
See www.oas.org/es/cidh/informes/pdfs/CorrupcionDDHHES.pdf.
See contribution from Sweden, and www.u4.no/publications/the-gendered-impact-of-corruption-whosuffers-more-men-or-women.
A/72/162, para. 82.
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